Madras High CourtCMP(MD)/10882/2023allowed

Kannan v. Induja

2023-08-29Honourable Mr Justice P.Vadamalai2 pages

CMP(MD) No.10882 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Ninth day of August Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P. VADAMALAI CMP(MD) No.10882 of 2023 and CMA(MD) No.776 of 2023 KANNAN ... PETITIONER/APPELLANT Vs 1 INDUJA 2 MINOR.DEVA SHRI @ DEEPA ROSHINI, 3 MINOR.DEVADHARSHINI @ DEEPADHARSHINI (RESPONDENTS 2 AND 3 BEING THE MINOR REPRESENTED BY THE 1ST RESPONDENT AS A NATURAL GUARDIAN / MOTHER) ... RESPONDENTS/RESPONDENTS Civil Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to Stay the Interim maintenance passed in I.A.No.3 of 2021 in H.M.O.P.No.49 of 2021 dated 29.09.2022 on the file of the court of Family Court at Sivagangai pending disposal of the above Civil Miscellaneous Petition, on the file of this Honourable Court. Prayer in CMA(MD). 776/ 2023 :

To set aside the fair and decreetal order made in I.A.No.3 of 2021 in H.M.O.P.No.49 of 2021 dated 29.09.2022 passed by the court of the Family Court, Sivagangai in so far as the 1st respondent is concerned to secure the ends of justice. ORDER : This civil miscellaneous petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.D.S.HAROON RASHEED, Advocate for the petitioner, the court made the following order:- Interim stay is granted on condition that the Petitioner/Appellant deposits 50% https://www.mhc.tn.gov.in/judis 1/2

CMP(MD) No.10882 of 2023 of the arrears of maintenance amount to the credit of I.A. No.3 of 2021 in H.M.O.P.No.49 of 2021, on the file of the Family Court, Sivagangai, within a period of four weeks from the date of receipt of a copy of this order, failing which, interim stay granted shall stand automatically vacated without further reference to this Court.

sd/- 29/08/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

LS TO THE JUDGE, FAMILY COURT, SIVAGANGAI DISTRICT. ORDER IN CMP(MD) No.10882 of 2023 and CMA(MD) No.776 of 2023 Date :29/08/2023 RS/VRS/SAR-(04.09.2023) 2P 2C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 https://www.mhc.tn.gov.in/judis 2/2